Injury Prevention, Rehabilitation, and Compensation Act 2001 (Reprint as at 22 May 2006)
012
Commenced:
ANALYSIS
Analysis
1 Title
1: Preliminary provisions
2 Commencement
3 Purpose
4 Overview
5 Act to bind the Crown
6 Interpretation
7 Acute treatment
8 Cover
9 Earnings as an employee: what it means
10 Earnings as an employee: payments to spouse or partner
11 Earnings as an employee: what it does not include
12 Earnings as an employee: Employers' Account levy payable under section 168 and Residual Claims levy payable under section 193
13 Earnings of private domestic workers
14 Earnings as a self-employed person
15 Earnings as a shareholder-employee
16 New Zealand
17 Ordinarily resident in New Zealand
18 Spouse (and spouse in relation to deceased claimant)
18A Partner (and partner in relation to deceased claimant)
2: Cover
19 Key terms in this Part
20 Cover for personal injury suffered in New Zealand (except mental injury caused by certain criminal acts)
21 Cover for mental injury caused by certain criminal acts
21A Cover under Accident Rehabilitation and Compensation Insurance Act 1992 for mental injury caused by certain criminal acts
22 Cover for personal injury suffered outside New Zealand (except mental injury caused by certain criminal acts)
23 Cover for personal injury suffered by persons not ordinarily resident in New Zealand: exclusions while travelling to, around, and from New Zealand
24 Cover for personal injury caused by work-related gradual process, disease, or infection: exclusion for events occurring outside New Zealand before 1 April 1974
25 Accident
26 Personal injury
27 Mental injury
28 Work-related personal injury
29 Personal injury that is both work-related and motor vehicle injury
30 Personal injury caused by work-related gradual process, disease, or infection
31 Ministerial advisory panel on work-related gradual process, disease, or infection
32 Treatment injury
33 Treatment
34 Cover for personal injury caused by medical misadventure before 1 July 2005
35 Motor vehicle injury
36 Date on which person is to be regarded as suffering mental injury
37 Date on which person is to be regarded as suffering personal injury caused by work-related gradual process, disease, or infection
38 Date on which person is to be regarded as suffering treatment injury
3: Code of ACC Claimants' Rights, and claims
39 Meaning of Corporation
40 Purpose of Code
41 Code applies generally
42 Corporation to prepare draft Code in consultation with persons nominated by Minister
43 Public consultation on draft Code after agreement by Minister
44 Approval of draft Code by Minister
45 Corporation's obligations in respect of Code
46 Status of Code as regulation
47 Amendments to Code
48 Person to lodge claim for cover and entitlement
49 Treatment provider lodging claim on behalf of person
50 Responsibilities of Corporation after claim lodged
51 When claim is lodged and received
52 Manner of making claim
53 Time for making claim
54 Responsibility of Corporation to make reasonable decisions in timely manner
55 Responsibilities of claimant to assist in establishment of cover and entitlements
56 Steps Corporation takes to action claims for cover
57 Steps Corporation takes to action complicated claims for cover
58 Effect of failure to meet time limits
59 Decision on cover independent of acceptance of levy
60 Decision on claim for Schedule 2 injury
61 Decision on claim for noise-induced hearing loss caused by work-related gradual process
62 Decision on claim for treatment injury
63 Corporation must tell claimant about review rights
64 Corporation must give notice of decisions
65 Corporation may revise decisions
66 Corporation must keep claims files
4: Entitlements and related matters
67 Who is entitled to entitlements
68 Corporation provides entitlements in accordance with this Act
69 Entitlements provided under this Act
70 Claimant's and Corporation's obligations in relation to rehabilitation
71 Employer's obligations in relation to rehabilitation
72 Responsibilities of claimant who receives entitlement
73 Payment of treatment providers for acute treatment
74 Limits on treatment providers in decisions on acute treatment
75 Corporation to determine need for rehabilitation plan
76 Provision of rehabilitation before and after individual rehabilitation plan agreed
77 Assessment of needs and content of plan
78 Individual rehabilitation plan must be updated
79 Purpose of social rehabilitation
80 Purpose of vocational rehabilitation
81 Corporation's liability to provide key aspects of social rehabilitation
82 Corporation may provide other social rehabilitation
83 Date of entitlement to social rehabilitation
84 Assessment and reassessment of need for social rehabilitation
85 Corporation liable to provide vocational rehabilitation
86 Matters to be considered in deciding whether to provide vocational rehabilitation
87 Further matters to be considered in deciding whether to provide vocational rehabilitation
88 Vocational rehabilitation may start or resume if circumstances change
89 Assessment of claimant's vocational rehabilitation needs
90 Occupational assessor
91 Conduct of initial occupational assessment
92 Report on initial occupational assessment
93 Medical assessor
94 Assessments when medical assessor unavailable
95 Conduct of initial medical assessment
96 Report on initial medical assessment
97 Employee's right to receive first week compensation
98 Employer's duty to pay first week compensation
99 First week compensation is salary or wages for certain purposes
100 Entitlement to weekly compensation depends on claimant's incapacity for employment and vocational independence
101 Procedures for determining incapacity for employment and vocational independence
102 Procedure in determining incapacity under section 103 or section 105
103 Corporation to determine incapacity of claimant who, at time of personal injury, was earner or on unpaid parental leave
104 Effect of determination under section 103 on entitlement to weekly compensation
105 Corporation to determine incapacity of claimant who, at time of incapacity, had ceased to be an employee, was a potential earner, or had purchased weekly compensation under section 223
106 Effect of determination under section 105 on entitlement to weekly compensation
107 Corporation to determine vocational independence
108 Assessment of claimant's vocational independence
109 When claimant's vocational independence to be assessed
110 Notice to claimant in relation to assessment of vocational independence
111 How determination that claimant has vocational independence is to be regarded
112 Claimant with vocational independence loses entitlement to weekly compensation
113 Claimant who no longer has vocational independence regains entitlement to weekly compensation
114 Payment of interest when Corporation makes late payment of weekly compensation
115 Indexation of weekly compensation and related amounts
116 Indexation of lump sum compensation, funeral grant, survivor's grant, and child care payments
117 Corporation may suspend, cancel, or decline entitlements
118 Disentitlement because proceedings brought: personal injury caused by work-related gradual process, disease, or infection
119 Disentitlement for wilfully self-inflicted personal injuries and suicide
120 Disentitlement for conviction for murder
121 Disentitlement during imprisonment
122 Court may deny entitlements to previously imprisoned offender
123 Entitlements inalienable
124 Entitlements to be provided to claimant only
125 Corporation to pay amount for child to caregiver or financially responsible person
126 Corporation to pay amount to claimant's estate
127 Payment of weekly compensation and lump sum compensation to claimant outside New Zealand
128 Payment for rehabilitation to claimant outside New Zealand
129 Payment for attendant care to claimant outside New Zealand
130 Payment to claimant outside New Zealand may be in New Zealand dollars to New Zealand bank account
131 Advances of compensation and grants
132 Adjustment of payments for part periods
5: Dispute resolution
133 Effect of review or appeal on decisions
134 Who may apply for review
135 How to apply for review
135A Time frame for lodging review application where alternative dispute resolution conducted about same matter
136 Corporation to acknowledge receipt of review application
137 Corporation to engage and allocate reviewers
138 Reviewer's duty to act independently and disclose previous involvement
139 Corporation's duties to secure independence of reviewer
140 Conduct of review: general principles
141 Conduct of review: hearing to be held
142 Persons entitled to be present and heard at hearing
143 Record of hearing
144 Review decisions: formalities
145 Review decisions: substance
146 Deemed review decisions
147 Effect of review decisions
148 Costs on review
149 Who may appeal against review decision
150 District Courts Rules and this Act apply to appeal
151 Manner of bringing appeal
152 Corporation to provide names of persons entitled to be heard
153 Notice of hearing place and date
154 Corporation's duty to make record available
155 Hearing of appeal
156 Evidence at appeal
157 Appointment of assessor
158 Involvement of assessor
159 Court may make order as to persons who may be present
160 Court may make order prohibiting publication
161 Decisions on appeal
162 Appeal to High Court on question of law
163 Appeal to Court of Appeal on question of law
164 Recovery of costs of appeals
6: Management of the Scheme
165 Duty of Corporation
166 Separate Accounts
167 Application and source of funds
168 Employers to pay levies
168A Private domestic workers to pay levies
169 Rates of levies
170 Classification of industries or risks
171 Classification of employees engaged in 2 or more activities
172 Employer levy not payable on earnings over specified maximum
173 Estimation of levy
174 Employer to notify increase or decrease of relevant employee earnings
175 Risk adjustment of employer levies
176 Incorporation by reference
177 Copy of audit tool and material incorporated by reference to be available to public
178 Criteria for upward adjustment of levies
179 Process for Corporation to decide whether to require audit
180 Effect of audit or refusal to allow audit
181 Interpretation
182 Objectives of sections 181 to 189
183 Framework to be established
184 Accreditation agreements
185 Accreditation requirements
186 Corporation may be accredited employer
187 Accredited employers to provide entitlements
188 Monitoring and audit
189 Reporting and information
190 Purchase of weekly compensation by shareholder-employees
191 Effect on employer levy
192 Application and source of funds
193 Liability to pay Residual Claims levy
194 Rate of levy
195 Classification of industries or risk
196 Classification of employees engaged in 2 or more activities
197 Classification of self-employed persons engaged in 2 or more activities
198 Residual Claims levy where 2 or more employers
199 Promotion of employer involvement
200 Residual Claims levy not payable on earnings over specified maximum
201 Application and source of funds
202 Self-employed persons to pay levies
203 Rate of levies
204 Limit on offsets in case of earnings as self-employed person
205 Classification of industries or risk
206 Classification of self-employed persons engaged in 2 or more activities
206A Risk adjustment of Self-Employed Work Account levy
206B Incorporation by reference
206C Copy of material incorporated by reference to be available to public
207 Self-Employed Work Account levy not payable on earnings over specified maximum
208 Purchase of weekly compensation by self-employed persons
209 Procedure for reaching agreement
210 Effect of agreement
211 Levies for self-employed persons who purchase weekly compensation
212 Earner levies for self-employed persons who purchase weekly compensation
213 Application and source of funds
214 Rate of levies
215 Basis on which funds to be calculated
216 Levy categories
217 Collection of levies
218 Application and source of funds
219 Earners to pay levies
220 Rate of levies
221 Collection of levies by deduction from employee earnings
222 Payment of Earners' Account levy and Earners' Account Residual levy by self-employed persons
223 Persons eligible to purchase weekly compensation
224 Compensation for persons who purchase weekly compensation
225 Levies for persons who purchase weekly compensation
226 Resumption of employment by persons who purchased weekly compensation
227 Application and source of funds
228 Application and source of funds
229 Levy categories and rates
230 Collection of levies
231 Mixed earnings as employee and self-employed person
232 Residual Claims levy and employer levy payable by employers on disposal or cessation of business or when ceasing to employ
233 Levies payable to Corporation by self-employed person who ceases to derive earnings as such
234 Levies may be collected by instalments
235 Collection of levies from self-employed and employers
236 Challenges to levies
237 Corporation may revise decisions
238 Effect of review or appeal about levy
239 Corporation to define risk classification and decide levy if activity not classified by regulations
240 Determinations
241 Statements
242 Failure to provide statement
243 Power to assess levies
244 Power in respect of small amounts of levy
245 Agent to whom levies may be paid
246 Information available to Corporation
247 Change of balance date
248 Recovery of debts by Corporation
249 Penalties due to Corporation in respect of overpayments
250 Penalties and interest due to Corporation in respect of unpaid levies
251 Recovery of payments
252 Relationship with social security benefits: reimbursement by Corporation
253 Relationship with social security benefits: reimbursement to Corporation
254 Limitation period
255 Refunds payable by Corporation
256 Application of payments
257 Application of sections 248, 249, and 254 to third parties
258 Production of documents
7: Accident Compensation Corporation
259 Accident Compensation Corporation
260 Powers of Corporation
261 Relationship between Corporation and subsidiaries
262 Functions of Corporation
263 Prevention of personal injury
264 Money expended or received for injury prevention to be managed through Accounts
265 Ancillary powers of Corporation
266 Provisions relating to Crown entity subsidiaries
267 Board of Corporation
268 Protection of names "Accident Compensation Corporation" and "Accident Rehabilitation and Compensation Insurance Corporation"
269 Further provisions applying to Corporation
270 Corporation to comply with Government policy
271 Service agreements between Corporation and Minister
272 Statement of intent
273 Provision of financial information
274 Management of Accounts
275 Investments
276 Power to borrow, etc
277 Loans and grants to Corporation
278 Annual financial statements
279 Purposes for which Corporation to collect information
280 Disclosure of information to Corporation
281 Disclosure of information by Corporation for benefit purposes
282 Disclosure of information by Corporation for health purposes
283 Disclosure of information by Corporation for injury prevention purposes
284 Reporting of risk of harm to public
285 Personal injuries in nature of medical misadventure
286 Corporation to provide information to Department of Labour
8: Management of injury-related information
287 Purpose of this Part
288 Injury-related statistics are classified under Statistics Act 1975
289 Information manager
290 Information manager can require government agencies to provide injury-related information
291 Ministerial advisory panel
292 Minister to require information manager to enter into purchase agreement
293 Funding of information manager
9: Miscellaneous provisions
294 Scope and purpose of sections 295 to 297
295 Obligation to provide entitlements where subsequent injury occurs
296 Failure to reach agreement
297 Entitlements not affected by Court direction
298 Work-related gradual process, disease, or infection involving exposure before 1 April 2002
299 No contracting out of this Act
300 Public interest
301 Service agreement for purchase of public health acute services and other health services
302 Minister of Health's responsibilities for purchase of public health acute services and other health services
303 Restriction on purchase by Corporation of public health acute services
304 Minister of Health acts on behalf of the Crown
305 Joint purchasing arrangements for emergency transport services
306 Sick leave may be used when employer not liable for first week compensation
307 How documents given or information notified
308 Offence to mislead Corporation
309 Offence not to provide requested information to Corporation
310 Offence not to provide earnings information to Corporation
311 Goods and services tax not payable on penalties or fines
312 Directors, employees, and officers
313 Informations
314 Summary conviction
315 General fine for offences
316 Offences in relation to deductions
317 Proceedings for personal injury
318 Proceedings for personal injury caused by work-related gradual process, disease, or infection
319 Exemplary damages
320 Corporation to be heard
321 Powers of Corporation when person has right to bring proceedings
322 Regulations relating to definitions
322A Definition of health practitioner may be limited
323 Regulations relating to claims for noise-induced hearing loss caused by work-related gradual process
324 Regulations relating to rehabilitation
325 Regulations relating to ancillary services for rehabilitation
326 Regulations relating to lump sum compensation
327 Regulations relating to indexation
328 Regulations relating to reviews and appeals
328A Regulations relating to alternative dispute resolution
329 Regulations relating to levies
330 Consultation requirements for regulations relating to classifications, risk rating, or medical misadventure
331 Consultation requirements for regulations relating to levy setting
332 Regulations relating to information
333 General power to make regulations
334 Regulations may confer discretion
335 Regulations may prescribe offences and fines
336 Amendment of Schedule 2 by Order in Council
337 Consequential amendments
338 Consequential tax amendments
339 Consequential repeals and revocations
10: Provisions relating to transition from competitive provision of workplace accident insurance
340 Purpose of this Part
341 Interpretation
342 Savings in respect of accident insurance contracts and injuries to which contracts apply under 1998 Act
343 Saving in respect of other ongoing matters under 1998 Act
344 Funding of Regulator
345 Regulator's functions in respect of Non-Compliers Fund
346 Amendments to 1998 Act
347 Saving in respect of 2000 Act
348 Savings in respect of Accident Insurance (Payment for Public Health Acute Services) Regulations 2001
349 Regulations
11: Transitional provisions relating to entitlements provided by Corporation (but not under Part 10)
350 Interpretation
351 References to former Acts
352 Purpose of this Part
353 Part not to apply to certain claims
354 Processing of claims
355 Claims for cover accepted under former Acts
356 Claim for cover lodged but not yet determined if injury suffered before 1 July 1992
357 Claim for cover lodged before 1 July 1999 but not yet determined if injury suffered on or after 1 July 1992 but before 1 July 1999
358 Claim for cover lodged on or after 1 July 1999 but not yet determined if injury suffered on or after 1 July 1992 but before 1 April 2002
359 Injuries suffered before 1 April 1974
360 Claim for cover under former Acts not lodged until on or after 1 April 2002
361 Exclusion of cover for personal injury caused by work-related gradual process, disease, or infection if events before 1 April 1974 and death before 1 July 1992
362 First week compensation for incapacity commencing before 1 April 2002
363 Application of sections 364 to 387
364 Treatment
365 Weekly compensation under Accident Insurance Act 1998
366 Weekly earnings of certain claimants increased
367 Multiple employment
368 Weekly payments for permanent incapacity under 1972 and 1982 Acts
369 Cessation of weekly compensation under any former Act because of capacity for work
370 Cessation of weekly compensation under any former Act because of national superannuation qualification age
371 Interest on late payments of weekly compensation
372 Individual rehabilitation plan
373 Time limit on vocational rehabilitation
374 Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts: attendant care and household help
375 Compensation payable outside New Zealand for pecuniary loss not related to earnings under 1982 Act: attendant care
376 Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts
377 Independence allowance for personal injury suffered before 1 July 1999
378 Personal injury suffered on or after 1 July 1999 and before 1 April 2002
379 Payment of independence allowance to claimant outside New Zealand
380 Lump sum compensation under former Acts
381 Funeral expenses for death before 1 April 2002
382 Survivor's grant to surviving spouses or partners, children, and other dependants for death before 1 April 2002
383 Compensation payable to surviving spouses or partners, children, and other dependants under Accident Insurance Act 1998
384 Compensation payable to surviving spouses or de facto partners under 1972 and 1982 Acts
385 Compensation payable to children and other dependants under 1972 and 1982 Acts
386 Child care payments for children of deceased persons
387 Compensation for pecuniary loss not related to earnings under former Acts: child care for child of deceased person
388 Indexation of certain entitlements payable under former Acts
389 Disentitling sections apply
390 Corporation may revise decisions
391 Review and appeal proceedings for decisions under former Acts
392 Allocation of existing funds
393 Levies, premiums, and other payments under former Acts
394 Accredited employers under Accident Rehabilitation and Compensation Insurance Act 1992
395 Accredited employers under Accident Insurance Act 1998
396 Regulations providing for transitional matters
397 Expiry of section 396
398 Collection of HSE levy
399 Corporation in lead-up to commencement of this Act
400 Transfer of rights and liabilities under former Acts
401 References to premiums under former Act include levies under this Act
Schedule(s)
1 FIRST: Entitlements
2 SECOND: Occupational diseases
3 THIRD: Cover for mental injury caused by certain acts dealt with in Crimes Act 1961
4 FOURTH: Deductions on account of earner levies
5 FIFTH: Provisions relating to Corporation
6 SIXTH: Consequential amendments
7 SEVENTH: Consequential tax amendments
8 EIGHTH: Orders and regulations revoked
Amending Act/Rule(s)
1 Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003
2 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003
3 Income Tax Act 2004
4 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
Index